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PEOPLE v. AUSTIN

No. 67282.

133 Ill.2d 118 (1989)

549 N.E.2d 331

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PEGGY AUSTIN, Appellee.

Supreme Court of Illinois.

Modified on denial of rehearing January 29, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley and Cecil A. Partee, State's Attorneys, of Chicago (Terence M. Madsen, Assistant Attorney General, of Chicago, and Inge Fryklund, Joseph G. Howard and Kevin Sweeney, Assistant State's Attorneys, of counsel), for the People.

Randolph N. Stone, Public Defender, of Chicago (Ruth A. McBeth and James H. Reddy, Assistant Public Defenders, of counsel), for appellee.

Appellate court reversed; cause remanded.

JUSTICE STAMOS delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, defendant, Peggy Austin, was convicted of the murder of Helen Richard and received a sentence of 30 years' imprisonment. Due to the circuit court's refusal to allow the defendant's tendered jury instruction regarding voluntary manslaughter based on serious provocation, the appellate court reversed the conviction...

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